INTRODUCTION

Every two months, as our team goes about handpicking updates that we want to discuss in the next volume of The Recap, one of the criteria that we keep in mind is whether a development is expected to have a long arc, and more importantly, whether it is likely to become an important backstory for future events. This helps each update serve a dual purpose: recapping for the present and highlighting for the future. To judge whether an update may become a backstory, we derive our understanding of a 'backstory' from what bestselling American author Stephen King has to say about it.

"The most important things to remember about a backstory are that (a) everyone has a history and (b) most of it isn't very interesting. Stick to the parts that are, and don't get carried away with the rest."1

Keeping this wisdom in mind, we bring to you a new volume of The Recap, your bi-monthly dose of not only what's important and unmissable from the legal point of view for India's media & entertainment (M&E) and gaming industries, but also an indication of what we feel will become important backstories to developments in the foreseeable future. This volume covers legal updates from the months of September and October 2022 and like all its predecessors, is an eclectic mix of legal tussles, court orders, new laws, and vital insights.

MIB issues advisories to broadcasters and digital media publishers against offshore online betting operators

The Ministry of Information & Broadcasting ("MIB") issued another set of advisories on advertisements of 'online betting platforms' ("Advisories") to publishers of news and current affairs on digital media, publishers of online curated content and private satellite television channels. These Advisories come in the backdrop of their earlier advisory in June 2022 seeking publishers to refrain from advertising these platforms over the internet. However, the MIB observed that their advisory was not being adhered to.

Stating that betting and gambling is illegal across most parts of India, the MIB relied on the recently notified misleading advertisements guidelines under the Consumer Protection Act, 2019 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") to highlight that the advertising of prohibited activities is not permitted in India. The MIB has also noted that betting platforms are indulging in surrogate advertising by using news websites and sports blogs whose logos are strikingly similar to the online betting platform, which is not in conformity with Indian laws.

You may access an official copy of the MIB advisory to publishers of news and current affairs on digital media and publishers of online curated content, as well as private satellite television channels here and here.

You may access an official copy of the June 2022 MIB advisory here.

Films that found themselves in controversy:

Adipurush
A plea was filed before Delhi's Tis Hazari Court ("Court") seeking a stay on the release of the upcoming movie 'Adipurush' ("Film") on the grounds that the promotional video ("Teaser") released by the producers of the Film hurt religious sentiments of Hindus by depicting Hindu gods in an 'inaccurate manner'.2

The plea sought directions against the Film's producer and director to remove the alleged objectionable portion from the Teaser from all social media platforms and contended that the act of the defendants was against morality, having the capacity to hurt the religious sentiments of Hindus. It further alleged that the Film distorted the images of Hindu gods, and if the defendants were not stopped from 'propagating hate' towards Hindus, it may lead to a furor amongst the public at large. The producer of the Film sought to challenge the maintainability of the suit and prayed for an opportunity to appear at the pre-summons stage of the proceedings.

The Court observed that any order passed by the Court would affect the rights of the defendant and therefore, denying him the opportunity to argue on maintainability of the suit, would amount to travesty of justice. The Court has listed the matter for arguments on November 05, 2022.

You may read more about this development as reported by the Economic Times here.

Thank God
A plea was filed by Azure Entertainment Pvt. Ltd. ("Azure") in the Bombay High Court ("Bombay HC"), alleging breach of contract by the co-producer of the film 'Thank God' ("Film"), Maruti Enterprises, and seeking directions for the stay of the release of the Film.

Azure obtained exclusive rights to produce a movie in Hindi based on a Danish film, and was thereafter approached by Maruti Enterprises to jointly produce the Film. They then executed an agreement with Super Cassettes Industries Pvt. Ltd. ("T-series") assigning intellectual property and exploitation rights in perpetuity to T-series. Thereafter, Azure agreed to no longer participate in the production of the Film and to not be entitled to any other amounts. However, Azure thereafter alleged that it had been induced to give up multiple rights in the Film without getting counter benefits, and thus approached the Bombay HC for relief.

To view the full article, click here

Footnotes

1. Stephen King, On Writing: A Memoir of the Craft (2000)

2. Raj Gaurav v. Bhushan Kumar & Anr., Civil Suit No. 1564/2022.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.